City liable for sewer backup

October 17, 2005

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By the Associated Press - 10/17/2005

EUREKA (AP) — A jury has ordered the city to pay a local couple more

than half a million dollars for damage from a sewer backup that left

behind mold that made their children sick.

The city's sewer backed up into the home of Stan and Bonnie

for the sixth time on Oct. 28, 1999, their attorney, Frampton

of Whitefish, said.

The backup left 3 inches of sewage in the family's home. Combined

with normal humidity and water used by a restoration company, it

created the perfect conditions for stachybotrys mold, which sickened

the couple's children, Frampton said.

Testing by the state health department in March 2001 showed high

levels of mold spores in the home, Frampton said.

The couple argued a root that had grown through the city's sewer

pipe caused the problem. The city maintained it was not responsible.

A jury on Thursday awarded the couple $255,000 for damage to their

home and $45,000 for damage to personal property. Jurors also gave

them $152,000 for expenses and $148,000 for emotional distress. The

judgment will be reduced by $200,000 already paid to the family by

Stat! Disaster Restoration, Frampton said.

The city's attorneys — Terry Mc and Lukes of Missoula —

were not immediately available for comment.

Frampton said the couple was happy the matter was resolved.

``They built their dream home, and it was taken from them,'' he

said. ``They didn't do anything wrong.''

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